Via Email and U.S.

Mail
February 22, 2016
Conflicts of Interest Board
2 Lafayette Street
New York, New York, 10007.
Campaign Finance Board
100 Church St
New York, NY 10007
Re: Violation of Campaign Finance Law and/or Conflicts of Interest Law
arising from The Campaign for One New York and United for Affordable
NYC
Dear Sirs/Madams:
Common Cause/NY asserts, on information and belief, that the conduct of Mayor Bill de
Blasio, in establishing, and soliciting funds for, The Campaign for One New York and,
most recently, directing the transfer of funds from The Campaign for One New York to
United for Affordable NYC has violated New York City Charter Sec.2603 as well as the
spirit and, we believe, letter of Sec. 3-703 of the New York City Campaign Finance Law.
We further assert, on information and belief, that, in employing consultants who
simultaneously provide public relations and strategic advice to the Mayor and to firms
doing business with the City of New York, and, indeed, on occasion meet with and
negotiate directly with the Mayor and his staff, questions have arisen as to whether
Mayor de Blasio has violated the conflicts of interest provisions of the City Charter,
specifically Sec. 2604 (c)(4).
Campaign for One New York & United for Affordable NYC
In examining Mayor de Blasios actions in establishing and directing the Campaign for
One New York and now fostering the establishment of United for Affordable New York,
we are mindful of Sec. 2600 of the New York City Charter, which provides:
Public service is a public trust. These prohibitions on the conduct of public
servants are enacted to preserve the trust placed in the public servants of the
city, to promote public confidence in government, to protect the integrity of
government decision-making and to enhance government efficiency.

80 Broad Street, Suite 2703, New York, NY 10004

212-691-6421 ! NYOffice@commoncause.org

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Conflicts of Interest Board
Campaign Finance Board
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Additionally, Section 1052 a.10 is also relevant:

The board may take such other actions as are necessary and proper to carry out
the purposes of any local law establishing a voluntary system of campaign
finance reform.
It is widely reported that the Campaign for One New York was set up by Mayor Bill de
Blasio [See Appendix A for press reports referenced herein]. Indeed, Mayor de Blasio is
quoted in news articles as confirming that he set up the Campaign for One New York in
order to raise and spend unlimited amounts of money. Goldenberg, De Blasio defends
Campaign for One New Yorks unlimited spending, raising Politico New York, November
6, 2015. It appears that Mayor de Blasio directs the Campaign for One New York and
that he directly raises money to fund its operations.
Information provided to the press and in disclosures filed with New York State indicate
that the funding for what is variously termed a political campaign (New York Times), a
political fund (Politico New York) or an organization created by Mayor de Blasios
political team (New York Daily News) comes primarily from entities which do business
with the City of New York, including unions and companies in various industries
including real estate, taxi companies and waste management. Reported contributions
include contributions that range from $10,000 to $250,000 or more far exceeding the
limits in New York Citys well-regarded campaign finance law. New York Citys campaign
finance law is designed to moderate the corrosive impact of large campaign
contributions on elected officials. New York Citys interest in avoiding pay to play
politics is so strong that, since 2007, it prohibits those who do business with New York
City from contributing more than $400 in campaign contributions to City candidates.
We believe that the Mayors direct involvement with the Campaign for One New York
raises troubling questions regarding the legality of his conduct under New York Citys
conflict of interest and campaign finance laws. While the Mayors actions have been
widely criticized in the press, there has to date been no official investigation into the
legality of this conduct, through which it appears the Mayor trades his public office for
personal political advantage, and makes a mockery of the citys long-followed public
policy behind the campaign finance laws designed to avoid using monetary contributions
to curry favor with, and gain access to, public officials.
Issues Presented
We believe the Mayors conduct presents the following issues that the Conflict of Interest
Board must address:
1. Is the Mayors conduct in regard to the Campaign for One New York in conflict
with the proper discharge of his official duties in violation of Sec. 2604 (b)(2) of
the New York City Charter?

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Conflicts of Interest Board
Campaign Finance Board
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2. Is the use of moneys contributed from the real estate industry to the Campaign
for One New York to now fund United for Affordable New York in conflict with the
proper discharge of his official duties in violation of Sec. 2604 (b)(2) of the New
York City Charter?
3. Does the Mayor's solicitation of entities and individuals who do business with
New York City to make sizeable monetary contributions to the Campaign for One
New York constitute the use of his position as a public servant to obtain personal
advantage for himself and for his political consultants who are paid through the
Campaign for One New York in violation of Sec. 2604 (b)(3) of the New York City
Charter?
4. If the Campaign for One New York is not an Independent Expenditure
Committee, because it works in close coordination with the Mayor, and if it is not
a campaign committee subject to the restrictions of New York Citys campaign
finance laws , are contributions made to it at the behest of the Mayor gifts from
entities that are engaged or intend to be engaged in business dealings with the
City, in violation of Sec. 2604 (b)(5) of the New York City Charter?
5. Is the Mayors conduct in relation to the Campaign for One New York and United
for Affordable NYC covered by Advisory Opinion 2008-6, and if so, has the
Mayor complied with its requirements?
6. By seeking advice on strategy and messaging from paid consultants hired by the
Campaign for One New York who are also employed by companies that have
business dealings with the City of New York, in particular, individuals and
companies with real estate interests actively engaged in projects that require
approval or funding from the City of New York, has Mayor de Blasio disclosed
confidential information regarding the affairs or government of the City that is not
otherwise available to the public, in violation of Sec. 2604 (b)(4) of the New York
City Charter?
We believe the Mayor's conduct presents the following issues that the Campaign
Finance Board must address:
1. In this age of perpetual campaigning, where public opinion polling as to the
re-electability of elected officials is virtually constant, is the Campaign for One
New York a campaign committee that should be subject to the New York City
campaign finance law?
2. Do contributions to the Campaign for One New York violate New York City
Campaign Finance Law 3-703(1)(f) ?
3. Do contributions to the Campaign for One New York violate New York City
Campaign Finance Law 3-703 (1-a)?

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Conflicts of Interest Board
Campaign Finance Board
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4. If the Campaign for One New York was not a committee subject to the New
York City campaign finance laws when it is founded in December, 2013, did
(would) it become subject to the campaign finance laws at some later date in
closer chronological proximity to the Mayors running for re-election? If so,
when did (would) that occur?
Finally, if upon completion of a thorough investigation either the Conflict of Interest
Board or the Campaign Finance Board disagrees with our contention that the cited
conduct of Mayor de Blasio violates the Citys Conflict of Interest Law and Campaign
Finance Law, then Common Cause/NY requests that each Board consider and propose
amendments to clarify the applicable law to prohibit elected officials from creating
entities, like the Campaign for One New York, which violate the protections, public
policy, and spirit of those laws. We believe that such a prohibition can be included in the
terms and conditions that the Campaign Finance Board sets for candidates who
voluntarily participate in the campaign finance matching fund program.
Thank you for your anticipated prompt and thorough response to these important issues.
Common Cause/NY stands ready to cooperate in any way we can to aid your
investigation and consideration of the issues that we have raised.
Respectfully submitted,
/s/
Susan Lerner
Executive Director
cc:

Amy Loprest, Esq., Campaign Finance Board

Eric Friedman, Esq., Campaign Finance Board
Carolyn Lisa Miller, Esq., Conflicts of Interest Board
Wayne G.Hawley, Esq., Conflicts of Interest Board

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Conflicts of Interest Board
Campaign Finance Board
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APENDIX A
http://www.nytimes.com/2015/03/11/nyregion/mayor-de-blasio-is-quietly-solicitingdonations-for-future-policy-battles.html
http://www.nytimes.com/interactive/2015/11/04/nyregion/mayor-de-blasios-shadowcabinet.html
http://www.capitalnewyork.com/article/city-hall/2015/11/8582206/de-blasio-defendscampaign-one-new-yorks-unlimited-spending-raisin
http://www.capitalnewyork.com/article/city-hall/2016/02/8590389/ahead-council-votemayors-allies-organize-defense-housing-agenda
http://www.capitalnewyork.com/article/city-hall/2015/10/8580105/de-blasiosprogressive-agenda-launches-fundraising-operation
http://www.capitalnewyork.com/article/city-hall/2015/07/8572274/mayors-organizationraises-17-m-january
http://therealdeal.com/2015/09/24/donating-to-de-blasio-connected-group-pays-off-fordevelopers/
http://observer.com/2015/04/bill-de-blasio-wont-say-what-hes-doing-with-his-campaignnonprofit-today/
http://www.nydailynews.com/news/politics/big-city-unions-bankroll-1-7m-mayor-deblasio-lobbying-arm-article-1.1868484